Ex parte STONE - Page 13




          Appeal No. 96-1511                                                          
          Application 08/063,919                                                      



               This decision contains new grounds of rejection pursuant to            
          37 CFR § 1.196(b)(amended effective Dec. 1, 1997).  37 CFR                  
          § 1.196(b) provides that, “A new ground of rejection shall not be           
          considered final for purposes of judicial review.”                          
               37 CFR § 1.196(b) also provides that the appellant, WITHIN             
          TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of              
          the following two options with respect to the new grounds of                
          rejection to avoid termination of proceedings (§ 1.197(c)) as to            
          the rejected claims:                                                        
                    (1) Submit an appropriate amendment of the claims                 
               so rejected or a showing of facts relating to the                      
               claims so rejected, or both, and have the matter                       
               reconsidered by the examiner, in which event the                       
               application will be remanded to the examiner. . . .                    
                    (2) Request that the application be reheard under                 
               § 1.197(b) by the Board of Patent Appeals and                          
               Interferences upon the same record. . . .                              
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                              REVERSED; 37 CFR 1.196(b)                               


                    IAN A. CALVERT               )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
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